Big blow for Indian techies as US green card wait time increases

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EB-1 visa applicants primarily Indians, have been hit with a blow by USCIS retroactively retrograding their final action date by 10 years, according to reports. This setback delays visa issuance for skilled individuals.

The relocation may cause uncertainties in future plans for work, education, and family life.

As per USCIS’s bulletin, the EB-1 visa quota for India is oversubscribed and is subject to prorating. Section 202(e) states that visa demand exceeding the per-country limit is subject to prorating.

The department has been unable to issue Indian applicants EB-1 visas due to the increasing demand from these countries as well. India applicants have previously been able to receive unused visas allocated to other countries.

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So applicants from India are no longer able to receive EB-1 numbers under INA 202(a)(5), the statement read, a cited by Economic times. The last action deadline for Indian candidates in the EB-1 green card category been moved to January 2012 as a result of the considerable 10-year retrogression. Many have priority dates between 2012 and 2015 as a result of EB-2/EB-3 petition retention. In FY 2024, the final action date can be moved up to October based on demand and visa restrictions.

Each month, the US Department of State publishes a bulletin that shows the status of your green card application and provides an estimate of the visa processing time.

Earlier this month, a bipartisan group of 56 US lawmakers, led by Raja Krishnamoorthi and Larry Bucshon, urged President Biden to expedite the green card process for Indians. Congressional lawmakers have requested relief from the 195-year-long wait period for high-skilled immigrants from State Secretary Antony Blinken and Homeland Security Secretary Alejandro Mayorkas.

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